New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
September 28, 2021

Contact:
Kate Giaquinto, Director of Communications
kate.giaquinto@doj.nh.gov | 603-573-6103

James T. Boffetti, Associate Attorney General
James.t.boffetti@doj.nh.gov | (603) 271-0302

New Hampshire to Join $21 Billion National Opioid Settlement with Distributors McKesson Corporation, Cardinal Health and Amerisource Bergen

Concord, NH – Attorney General John M. Formella has indicated the State’s intention to join a $21 billion national opioid settlement with three major distributors, McKesson Corporation, Cardinal Health and Amerisource Bergen.

As part of the settlement process, the Attorney General today sent a letter to 28 New Hampshire subdivisions that filed their own opioid lawsuits against these defendants. The letter was also sent to the 18 subdivisions identified by the defendants as primary non-litigating subdivisions. The letter notifies these cities and towns of the State’s intention to join the Settlement and invites them to join the settlement in order to maximize the amount paid to the State.

As stated in the letter, the identified New Hampshire subdivisions, regardless of whether or not they have brought their own claims against these distributors, may join the settlement with the State. The more New Hampshire’s political subdivisions that sign on to the settlement, the larger the amount of money that comes to the State for opioid abatement purposes. See NH RSA 126-A:83-86.

The national Settlement, if finalized, would resolve all opioid litigation brought by states and local political subdivisions and would require that the Distributors:

  • Pay up to $21 billion over 18 years (with approximately $115 million over 18 years to the State of New Hampshire), with most of those funds being dedicated for remediation and abatement of the impacts of the opioid crisis;
  • Provide injunctive relief, requiring oversight of opioid marketing, sale and distribution practices. The defendants would be required to implement additional safeguards to prevent diversion of prescription opioids.

“New Hampshire remains committed to taking strong action to hold those responsible accountable,” said Governor Chris Sununu. “This necessary financial relief will help New Hampshire continue to make substantial progress in our fight against this crisis and this settlement will deter irresponsible actions that would fuel this epidemic further.”

“This settlement agreement is the result of years of hard work and dedication by attorneys at the New Hampshire Department of Justice and throughout the nation,” said Attorney General John Formella. “I would like to thank Associate Attorney General James Boffetti for leading these efforts on behalf of our Office, and for achieving a result which will bring much needed resources to our State’s work to combat the opioid crisis.”

Detailed information about the Settlement may be found at: nationalopioidSettlement.com.
New Hampshire specific information can be found on our website: www.doj.nh.gov/opioid-settlement.

The Attorney General had previously filed a complaint in Merrimack County Superior Court against McKesson Corporation and Cardinal Health. That litigation is stayed by order of the Court until January 31, 2022 to allow additional time to finalize the terms of the national settlement. If a national settlement is not reached, the litigation in New Hampshire will proceed.

The Attorney General has not joined a separate settlement with Johnson & Johnson/Janssen and is proceeding with the state’s litigation against those defendants in Merrimack County Superior Court. A trial in that case is set to begin on February 1, 2022.

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New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658